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Tenant Resources for COVID-19

Aerial view of the San Diego Bay North looking west

As a result of the COVID-19 pandemic, many Port tenants are experiencing a decline in business or have been required to temporarily close. In support of businesses operating on and around San Diego Bay, the Port is closely monitoring the situation and is working with our tenants to help offset their financial impacts. We will continue to update this page and provide additional information/resources as it becomes available.

Safe Reopening for Businesses on San Diego Bay

The State of California has begun to allow certain businesses to reopen, with restrictions. In deciding whether to reopen your business, the Port understands that reviewing the relevant State and County orders and guidelines is no easy task and we greatly appreciate your efforts. Please find below frequently asked questions and answers we’re providing to you, our tenant partners. Our priority has been and remains the health and well-being of the public, its employees and families, our internal and external stakeholders, and our partners, which includes our tenants.

Frequently Asked Questions

Am I permitted to reopen my business?

Port of San Diego tenants are permitted to reopen if and when reopening your business is in compliance with the public health orders from the County of San Diego, the State of California’s Resilience Roadmap, and other relevant directives associated with Coronavirus Disease 2019 (COVID-19).

If you do not have a direct agreement with the Port, and are a subtenant, coordinate your reopening efforts with your landlord with whom you have a direct agreement.

Please note, the Port does not have jurisdiction of Mission Bay. The Port only oversees the land and water in and along San Diego Bay.

How do I know if I can reopen in compliance with relevant COVID-19 directives?

The Port is not the issuing authority and therefore cannot opine on the various COVID-19 directives and their applicability to specific businesses. However, the County of San Diego has a website dedicated to COVID-19, which contains links to County public health orders and reopening guidelines, and can be found at https://www.sandiegocounty.gov/content/sdc/hhsa/programs/phs/community_epidemiology/dc/2019-nCoV.html.

Additionally, the State of California’s COVID-19 website can be found at https://covid19.ca.gov/. This website includes additional resources and links to the State’s Resilience Roadmap, which outlines when certain businesses may reopen with restrictions.

Can I contact the County or the State for further guidance?

We understand businesses may email the County of San Diego at COVID19BusinessQuestions@sdcounty.ca.gov and contact the State of California via https://www.cdph.ca.gov/Pages/contact_us.aspx to seek guidance on reopening in accordance with the relevant directives. Please note, the Port cannot guarantee or represent that a response or advice will be received from either the County or the State.

Are the current directives and guidelines subject to change?

This is a rapidly evolving situation, and as a result, all State, County, and other directives are constantly subject to change, and any change may require businesses permitted to reopen to update their reopening plans. We encourage you to regularly check State and County websites for updates.

 

Temporary Rent Deferral Program

Phase II - Fixed Rent Tenants

At the May 19, 2020, Board of Port Commissioners meeting, a rent deferral program was approved for which you may qualify.

Who is the rent deferral program being offered to?
The program is being offered to all fixed rent tenants that have a direct agreement with the District, but does not include the San Diego International Airport. A “fixed rent tenant” is a tenant that pays a fixed amount of rent to the District each month, which may be in the form of improvement rent or predetermined monthly amount of rent, and also includes some of the Concession Tenants who may pay a hybrid of concession rent and improvement rent for the rental of District owned improvements.

Frequently Asked Questions

What does the program offer? (Fixed Rent Tenant)

  • A deferral of 50% of fixed monthly rent for up to three consecutive rental paying months between June through December 2020 to be paid back over a ten-month period beginning in January 2021 with no interest or late charges;
  • Repayment of all amounts deferred must begin by no later than January 1, 2021 and may be paid in full in one lump sum payment or in ten (ten equal monthly installments; and
  • No interest or late fees would be applied to the deferred amounts if they are paid in full during the ten-month period.

If I’m a fixed rent tenant, how do I know if I qualify for the program?

To qualify for the program, you must meet ALL of the following minimum requirements:

  1. You must be considered a tenant in good standing pursuant to Board Policy No. 355 and remain a tenant in good standing throughout the program
  2. Provide evidence of financial hardship satisfactory to Executive Director, or her designated representative, in accordance with such procedures as the Executive Director, or her designated representative, may require, which could include evidence of delays from suppliers or manufacturers, full or partial shutdown, or decline in gross revenues; and
  3. Apply and provide proof of application for state and federal aid programs for which the tenant qualifies (unless the tenant does not qualify, in which case, a statement from the tenant certifying that they do not qualify for the available programs);
  4. Diligently pursue applications for state and federal aid, with acceptance into the rent deferral program contingent on tenant providing notice of determination;
  5. Acceptance into the rent deferral program would be contingent on tenant accepting state aid, federal aid, or both if offered;
  6. For tenants that have subtenants, provide a plan of how tenant is passing down the rent deferral benefit to its subtenants on a pro rata basis; provided, however, tenant shall not be required to apply the rent deferral to any amount of rent that tenant receives from the subtenants that is in excess of the amount that the tenant pays the District. To illustrate, if tenant charges its subtenants $20,000 collectively, but pays the District $10,000 in fixed rent, the tenant shall only be required to apply the rent deferral to the $10,000 in subtenant rent on a pro rata basis; and
  7. All deferred rent must be repaid in full on or before October 1, 2021.

Note: The Executive Director has delegated authority to the Director of Real Estate to implement the Temporary Rent Deferral Program. In addition to the minimum requirements, the Director of Real Estate may request from tenant any additional information he deems necessary to determine whether the tenant qualifies for the temporary rent deferral program. Failure to timely provide this information may be grounds for disqualification from the program.

The Director of Real Estate may also require more information from tenant prior to determining if the tenant does or does not qualify for the rent deferral program.

How do I apply for the program? (Fixed Rent Tenant)

Fixed Rent Tenant
If you are interested in applying for rent deferral, please submit a written request to your Asset Manager (click for Asset Manager listing), which includes the necessary back-up identified in items (2), (3), (4) and (6) of the qualifications. Upon receipt of an application, your Asset Manager will review your application for completeness and respond to you with any questions or requests for additional information. If your application is approved, you will be required to accept in writing the conditions of the deferral program before the deferral will be effective.

What if I don’t know who my Asset Manager is?

Please see the attached file that includes a geographic listing of Asset Managers. You may also call the Real Estate Department’s main line at 619.686.6291 to be directed to your Asset Manager.

How long will it take to get a response to my application?

The Asset Manager will contact you within a few days of receipt of your application to let you know if your application is complete or requires additional information. After your Asset Manager has deemed your application complete (by receiving all of the necessary information), you should receive a response within 14 days.

Why do I have to pay any rent during the COVID-19 pandemic?

The rent deferral program is intended to cover immediate tenant needs. We will continue to assess the situation, recognizing that tenant rents are needed to support Port parks, beaches and other facilities.

What about special cases that aren’t covered by this program?

Staff is analyzing any special cases tenants present and expects to return to the Board of Port Commissioners, at a future meeting, with recommendations on how to consider such cases. 

Temporary Rent Deferral Program

Phase I - Concession Tenants

At the April 8, 2020, Board of Port Commissioners meeting, a rent deferral program was approved for which you may qualify.

Who is the rent deferral program being offered to?
The program is being offered to all concession tenants that have a direct agreement with the District, including Seaport Village tenants and those tenants that report their gross sales to the District each month. A “concession tenant” is a tenant who reports their sales to the District each month and who must pay either (a) rent based on a percentage of their sales or (b) rent based on the greater of a percentage of their sales and the Minimum Annual Rent. 

Frequently Asked Questions

What does the program offer? (Concession Tenant)

Concession Tenant

  • A three-month deferral of minimum rent, to be paid back over a six-month period beginning in January 2021 with no interest or late charges;
  • For the rent due for the three months (March rent due April 20, April rent due May 20, May rent due June 20) tenants would pay the percentage rent payments only with any difference between the percentage rent payments made and any minimum rent due deferred; 
  • Seaport Village tenants would have the option to move the deferral back one month to February rent due March 20, March rent due April 20 and April rent due May 20 to help with immediate cash flow issues;
  • Common Area Maintenance and Marketing charges for the three months of deferred rent would also be deferred for Seaport Village tenants; 
  • Repayment of all amounts deferred must begin by no later than January 20, 2021 and may be paid in full in one lump sum payment or in six (6) equal monthly installments; and
  • No interest or late fees would be applied to the deferred amounts if they are paid in full during the six-month period.

What about late fees? 

Due to the ramp up time needed to implement the program, late fees would be waived for  two rental months for any tenant that did not pay the February rent due March 20 and March rent due April 20 (for Seaport tenants) or March rent due April 20 and April rent due May 20 (for non-Seaport tenants) and that would otherwise qualify for the rent deferral program. 

If a tenant intends to apply for the rent deferral program and not submit March rent on April 20, they should still submit their concession report and notify their Asset Manager in advance that they will not be paying.

If I’m a concession tenant, how do I know if I qualify for the program?

To qualify for the program, you must meet ALL of the following minimum requirements:

  1. You must be considered a tenant in good standing pursuant to Board Policy No. 355 and remain a tenant in good standing throughout the program;
  2. Provide evidence of financial hardship satisfactory to Executive Director in accordance with such procedures as the Executive Director may require;
  3. Apply and provide proof of application for state and federal aid programs for which the tenant qualifies (unless the tenant does not qualify, in which case, a statement from the tenant certifying that they do not qualify for the available programs);
  4. Diligently pursue applications for state and federal aid, with acceptance into the rent deferral program contingent on tenant providing notice of determination;
  5. Comply with any worker rehire policy adopted by the Board; and
  6. Acceptance into the rent deferral program would be contingent on tenant accepting state aid, federal aid, or both if offered.

Note: The Executive Director has delegated authority to the Director of Real Estate to implement the Temporary Rent Deferral Program. In addition to the minimum requirements, the Director of Real Estate may request from tenant any additional information he deems necessary to determine whether the tenant qualifies for the temporary rent deferral program. Failure to timely provide this information may be grounds for disqualification from the program. The Director of Real Estate may also require more information from tenant prior to determining if the tenant does or does not qualify for the rent deferral program.

How do I apply for the program? (Concession Tenant)

Concession Tenant
If you are interested in applying for rent deferral, please submit a written request to your Asset Manager (click for Asset Manager listing), which includes the necessary back-up identified in items (2), (3) and (4) of the qualifications. Upon receipt of an application, your Asset Manager will review your application for completeness and respond to you with any questions or requests for additional information. If your application is approved, you will be required to accept in writing the conditions of the deferral program before the deferral will be effective.

What if I don’t know who my Asset Manager is?

Please see the attached file that includes a geographic listing of Asset Managers. You may also call the Real Estate Department’s main line at 619.686.6291 to be directed to your Asset Manager.

How long will it take to get a response to my application?

The Asset Manager will contact you within a few days of receipt of your application to let you know if your application is complete or requires additional information. After your Asset Manager has deemed your application complete (by receiving all of the necessary information), you should receive a response within 14 days.

Why do I have to pay any rent during the COVID-19 pandemic?

The rent deferral program is intended to cover immediate tenant needs. We will continue to assess the situation, recognizing that tenant rents are needed to support Port parks, beaches and other facilities.

What about special cases that aren’t covered by this program?

Staff is analyzing any special cases tenants present and expects to return to the Board of Port Commissioners, at a future meeting, with recommendations on how to consider such cases. 

Tenant Worker Rehire Policy

As part of the Port’s Rent Deferral Program for concession tenants, the Board of Port Commissioners directed Port staff to draft a Board policy requiring Port concession tenants accepting rent deferral to offer to rehire workers that have been laid off as a result of the COVID-19 pandemic when the tenants start increasing staff in the future. Click here to learn more.

San Diego Bay Fisheye

Economic Stimulus Programs

For the convenience of our tenant partners, we’ve compiled a list of the various economic stimulus programs approved by regional, state and federal governments that are designed to address some of the specific challenges businesses are facing due to COVID-19. The list below includes forgivable loan programs, loan deferment programs, new loan opportunities, paid time off, and benefits services. 
 
The list is not necessarily exhaustive, but is intended to provide tenants with helpful information about resources that may available. Additionally, businesses may find additional resources from the California Hotel and Lodging Association.

# Program Funder/Agency Type Beneficiary  Amount
1

Paycheck Protection Program
(PPP) Loans

www.sba.gov

Small Business Administration (SBA) No-fee loans, up to 100% may be forgivable if funds are used for rent and payroll.  Funding amount up to average monthly payroll + 25%.  4% fixed APR.  No payments for 6-12 months, 10-year term Small businesses $350B available federally guaranteed loans for employers who maintain their payroll during this emergency. Loans are available through June 30, 2020
2

Economic Injury Disaster
Loans & Emergency Economic
Injury Grants

www.sba.gov

Small Business Administration (SBA)     Loan, with an emergency grant advance of $10,000.  Funds are to be used for payroll and operating expenses.  To access the advance, businesses first apply for an EIDL and then request the advance. Small businesses and non-profits $10B total, up to $2M per loan;  $10,000 in emergency grant advance; Loan funding carries a 3.75% APR for 30 years
3

Small Business Finance Center
(SBFC)

www.ibank.ca.gov/small-business
-finance-center 

California iBank Loans Small Businesses located in California with 1-750 employees, Eligible Nonprofits     Loans up to $20M, max guarantee $1M for up to 7 years, interest rates are negotiable
4

Debt Relief for Existing and
New SBA Borrowers

www.sba.gov

Small Business Administration (SBA)     Debt Relief: allows businesses to extend the duration of existing and new small business loans  Small business: Funding is available to existing borrowers and to new borrowers that take out loans in the next 6 months $17B total, including the ability to defer debt payments for existing loans
5

Paid Leave for Government
Contractors

www.sba.gov

Small Business Administration (SBA) Paid leave Paid leave for employees working on small business contracts for the federal government  
6

Jump Start Loan Program

www.ibank.ca.gov/small-business
-finance-center/

California iBank Loan: working capital, gap financing, disaster relief Loans and loan guarantees via a partnership between the Small Business Finance Center and the Financial Development Corporation Loans up to $20M, max guarantee $1M for up to 7 years, interest rates are negotiable
7

California Capital Access Program
for Small Business

www.treasurer.ca.gov/cpcfa/
calcap/sb/index.asp

California Treasurer Loan loss reserve program. Funds must be repaid Businesses in California Loans via banks and lending institutions to small businesses that have difficulty finding financing
8

Small Business Relief Fund

www.sandiego.gov/economic-development/resources/relief

City of San Diego - Economic Development Department   Small businesses in San Diego $6.1M available in grants and loans, from $10,000 to $20,000
9

Rapid Response
Services for Business

www.edd.ca.gov/pdf_pub_ctr/
de8714rrb.pdf

California Employment Development Department Resources for employers and employees to access training, unemployment benefits and work sharing opportunities Small businesses No funding; this program is focused on providing resources to access training and benefits
10

Resources for Business
Counseling Services

www.sba.gov

Small Business Administration (SBA) Counseling services Small business development centers, Women’s business centers and minority business development centers $275M in funding to provide mentorship and guidance
11

South County EDC's
Emergency Business Loan Program

www.southcountyedc.com/
emergencybusinessloanprogram

South County Economic Development Council Loan Restaurants in South County San Diego

One-time $5,000 no-interest loan with repayment due on April 1, 2021. 50 Loans available

DISCLAIMER: This material was prepared and compiled by the Port as a helpful resource for tenants. The Port makes no representation as to its accuracy or applicability to any reader or user of this information. All individuals and entities seeking government or private assistance, whether identified here or otherwise, should solicit independent advice regarding any available services or assistance.